Reversing the D.C. Circuit’s 2013 opinion, the Supreme Court today held that the U.S. Department of Labor did not violate the Administrative Procedure Act (APA) when, in 2010, it issued its Administrator’s Interpretation stating that mortgage loan officers generally do not qualify for the administrative exemption without first affording the public the opportunity for
reversal
D.C. Circuit Strikes Down 2010 USDOL Administrator’s Interpretation Regarding FLSA Status of Loan Officers
By Noel P. Tripp on
Posted in Department of Labor, Exemptions
In 2010, the Department of Labor announced it would cease its “opinion letter” practice, wherein employers could submit written questions regarding application of the FLSA and its implementing regulations, and receive guidance. Replacing the opinion letter structure were “administrator interpretations,” wherein the Department would simply issue an advisory opinion on its own volition. Contemporaneous with announcing…